The short question that arises for consideration in all these petitions is whether the prosecution under the provisions of P.F.A. Act, 1954 and P.F.A. Rules, 1955 is sustainable in respect of offences detected on and after 29.7.2010. In all the aforesaid cases food samples were taken by the Food Inspector after 29.7.2010. The sampling, labelling and other procedures were done under the P.F.A. Act and Rules mentioned above and the complaints were filed under the aforesaid Act and Rules. The learned Magistrate took cognizance in all the aforesaid cases for offences under the P.F.A. Act 1954 and the P.F.A. Rules 1955.

2. It is contended by the learned counsel for the petitioners that P.F.A. Act, 1954 was repealed by the Food Safety and Standards Act, 2006 (hereinafter referred to as 'F.S.S. Act' for short) and hence no prosecution can be launched against the petitioners under the P.F.A. Act, 1954 and P.F.A. Rules, 1955. The petitioners have relied upon the notification dated 29.7.2010 (Annexure C) issued by the Ministry of Health and Family Welfare (Department of Health and Family Welfare). The said notification reads:

"In exercise of the powers conferred by sub-section (3) of Section 1 of the Food Safety and Standards Act, 2006 (34 of 2006), the Central Government hereby appoints the 29th day of July, 2010 as the day on which the provisions of Sections 19 to 21 (both inclusive), Sections 23 to 29 (both inclusive), Sections 31 to 35 (both inclusive), Sections 48 to 80 (both inclusive), Section 89, Sections 94 to 98 (both inclusive) and Section 100 of the said Act, shall come into force."

3. On going through section 1 (3) of the Act, it is clear that different dates were appointed for different provisions of the said Act and any reference to any such provision to the commencement of the said Act shall be construed as a reference to the coming into force of that provision. Since Annexure C notification, quoted above, was issued under section 1 (3) of F.S.S. Act and since it is stated that as per the said notification the provisions mentioned therein have come into force on that day; namely on 29.7.2010, it has to be construed that it is only those provisions, mentioned in Annexure C notification, which came into force with effect from 29.7.2010.

4. Smt. Jasmine, the learned Public Prosecutor, would submit that so many other provisions in the Act did not come into force with effect from 29.7.2010. It is not disputed that different provisions have come into force with effect from different dates as mentioned in those notifications. For example, sections 36 to 47 came into force with effect from 31.7.2009.

5. According to the petitioners, since Annexure C notification makes it clear that sections 94 to 98 (both inclusive) came into force with effect from 29.7.2010, no prosecution can be had under P.F.A. Act, 1954 and Rules, 1955 on and after 29.7.2010. As indicated above, sections 97 and 98, which are the relevant provisions, also came into force with effect from 29.7.2010. But the learned Public Prosecutor would submit that there is difference between a notification issued under section 1 (3) of F.S.S. Act and a notification which is issued under section 97 (1) of the F.S.S. Act.

6. Section 97 reads:

"Repeal and savings (1) With effect from such date as the Central Government may appoint in this behalf, the enactment and Orders specified in the Second Schedule shall stand repealed;

PROVIDED that such repeal shall not affect:-

(i) the previous operations of the enactments and Orders under repeal or anything duly done or suffered thereunder; or

(ii) any right, privilege, obligation or liability acquired, accrued or incurred under any of the enactment or Orders under repeal; or

(iii) any penalty, forfeiture or punishment incurred in respect of any offences committed against the enactment and Orders under repeal; or

(iv) any investigation or remedy in respect of any such penalty, forfeiture or punishment. and any such in